Narayan Fulkatta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46119 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- KASBA District- Purnia ====================================================== NARAYAN FULKATTA Son of late Hira Lal Fulkatta Resident of Village - Madarghat ward no. 12, P.S.- Kasba, Distt - Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 364, 365, 34 of the Indian Penal Code in which sections 302, 201, 120(B)/34 of the Indian Penal Code was added later on.

The prosecution case in short is that the younger brother of informant did not return his house and later his dead body was found.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the

Patna High Court CR. MISC. No.46119 of 2019(2) dt.01-08-2019 2/2 petitioner has transpired on the basis of confession of coaccused. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest his participation in the alleged case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 141/2018.

(Sudhir Singh, J) Pankaj/- U T